Higher pay scale entitlement for promoted clerks arises after two years regular service from promotion date, not linked to typing test passage unless explicitly stated in promotion order.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has inter alia prayed for the following relief:-

“A. That a writ of Certiorari or any other appropriate writ order or direction may kindly be issued for quashing and setting aside letter dated 17.02.2025 contained in Annexure P-7.

B. That a writ of Mandamus or any other appropriate writ order or direction may kindly be issued for directing the Respondents to fix the pay of the petitioner firstly, in Pay Level 7 for the post of Junior Assistant and secondly, in Pay Level 11 for the post of Senior Assistant in terms of orders dated 07.02.2022 12.01.2024, from the due date, along with all consequential benefits.

C. That a writ of Mandamus or any other appropriate writ order or direction may kindly be issued for directing the Respondents to grant higher pay scale to the Petitioner in terms of notification dated 27.09.2012 from the due date, i.e. 18.05.2018.

D. That the Respondents may further be directed to pay the arrears accrued on account of such fixation and grant of higher pay scale, forthwith, along with interest @ 12% per annum.”

2. The grievance of the petitioner is in a very narrow compass. Vide Annexure P-2, dated 18.05.2016, the petitioner was promoted, on the recommendations of the Departmental Promotion Committee, against the post of a Clerk on regular basis with immediate effect in the pay scale of Rs.5910-20200+1900 Grade Pay. In terms of the conditions imposed in this promotion order, the officials so promoted as Clerks were to qualify the typing test on computer with a minimum speed of 25 words per minute in English Typewriting or 20 words per minute in Hindi Typewriting within the probation period, failing which, the candidate was to be reverted from clerk to class-IV posts. It was further stipulated in the promotion order that the incumbent was to pass the typing test within the time prescribed, within the probation period and if the candidate failed to pass the said test, then, another chance would be given and the probation will also be extended.

3. The petitioner passed the typing test in the first attempt on 25.10.2017. Thereafter, the petitioner was granted the pay band of Rs.10300-34800+3200 Grade Pay upon completion of two years of regular service as such, however, vide Annexure P-7, this benefit was withdrawn and recovery was ordered on the ground that the petitioner was erroneously conferred the benefit after completion of two years as from the date of promotion whereas the eligibility of the petitioner for the higher pay scale was to commence from two years post passing of the test stipulated in the promotion order.

4. Feeling aggrieved, the petitioner has approached this Court by way of present writ petition.

5. Learned Counsel for the petitioner has argued that the reasons which have led to the issuance of Annexure P-7 are arbitrary and unjust because the benefits rightly conferred upon the petitioner, stood withdrawn by completely misreading the promotion order of the petitioner as also the notification dated 27.11.2012 (Annexure P-4), i.e. the Himachal Pradesh Civil Services (Category/Post wise Revised Pay) Rules 2012. Learned Counsel submitted that there was no condition in the promotion order that the benefit of the higher pay scale in terms of 2012 Rules shall be after completion of two years as from the date of passing of the typing test. Learned Counsel submitted that holding of the typing test